The Department of Premier and Cabinet (DPC) has issued a new Memorandum approving paid parental leave for 14 weeks for birth, adoption, altruistic surrogacy or permanent out-of-home care placement of a child, as well as two weeks of ‘bonus’ paid leave.
Ditching the ‘primary’ and ‘secondary’ carer distinctions in its parental leave policy, M2022-08 – Paid Parental Leave replaces earlier parental leave provisions which used to entitle a primary carer to 14 weeks of paid leave and a secondary carer to two weeks.
The Memorandum also gives PS staff an additional 12 months to use their paid parental leave, with the Memorandum increasing the eligible period from within a year to within 24 months of when a child was born to, or came into the care of, the employee.
Issuing M2022-08, DPC said the changes also extended paid parental leave to permanent out-of-home carers.
The Department said Public Servants could now access 14 weeks of paid parental leave for the birth of a child of the employee, the employee’s partner or the employee’s legal surrogate; the adoption of a child under 18 years of age by the employee or the employee’s partner; or the placement of a child in permanent out-of-home care with the employee or the employees’ partner.
“Paid parental leave must be taken in a single continuous period within the first 24 months from the date of birth, adoption, altruistic surrogacy or permanent out-of-home care placement,” DPC said.
“For birth-related leave, paid parental leave may commence prior to the time of birth as provided in the industrial instrument which applies to the employee.”
It said employees could access two additional weeks of bonus paid parental leave if each parent had exhausted any paid parental leave offered by their employer.
“Employees who are single parents or whose partners do not have access to, or are ineligible for, employer paid parental leave will receive the full two weeks of bonus paid parental leave,” DPC said.
“All paid parental leave may be taken concurrently except in circumstances where both parents are employed in the same NSW Government Sector workplace and operational requirements may prevent concurrent leave,” it said.
“Employees where both parents are employed at the same NSW Government Sector workplace may take up to four weeks paid parental leave concurrently with their partner.”
DPC said PS staff could request to take more than four weeks of paid parental leave concurrently with their partner, but approval would be up to the discretion of their employer.
“These leave provisions are to be adopted by all Public Service Departments and Agencies, and other Government Sector Agencies and State-Owned Corporations are strongly encouraged to provide the same leave provisions to their employees,” it said.
The new parental leave provisions are only available for children who were born to, or came into the care of, an employee from 1 October 2022.
DPC said M2021-12 Paid Parental Leave and M2018-02 Support for Employees engaged in Altruistic Surrogacy and Permanent Out of Home Care Arrangements would remain in effect for parents whose children were born, or came into their care, prior to that date.
The new M2022-08 can be accessed at this PS News link.
